{"id":52287,"date":"2023-07-02T17:02:41","date_gmt":"2023-07-03T00:02:41","guid":{"rendered":"https:\/\/www.politicsplus.org\/blog\/?p=52287"},"modified":"2023-07-02T17:02:41","modified_gmt":"2023-07-03T00:02:41","slug":"everyday-erinyes-377","status":"publish","type":"post","link":"https:\/\/www.politicsplus.org\/blog\/2023\/07\/02\/everyday-erinyes-377\/","title":{"rendered":"Everyday Erinyes #377"},"content":{"rendered":"

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto<\/span><\/strong>, Megaera<\/strong><\/span>, and Tisiphone<\/span><\/strong>. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”<\/p>\n

I suspect anyone who reads here could write a column on how horrible the SuprememCourt’s overturning of affitmative action is, and, while those columns would differ in phrasing, they would all make many of the same points. So I’m not going to go there. In case anyone is wondering why military academies were expempted, I’m pretty sure it’s because the military has (accurately) presented diversity as a military preparedness issue long enough and hard enough that even this SCOTUS did not feel comfortable going against it.
\n==============================================================<\/p>\n

Military academies can still consider race in admissions, but the rest of the nation\u2019s colleges and universities cannot, court\u00a0rules<\/h1>\n
A person protests outside of the Supreme Court in Washington, D.C., on June 29, 2023.
\nAP Photo\/Jose Luis Magana<\/a><\/span><\/figcaption><\/figure>\n

Kristine Bowman<\/a>, Michigan State University<\/a><\/em>; Kimberly Robinson<\/a>, University of Virginia<\/a><\/em>, and Vinay Harpalani<\/a>, University of New Mexico<\/a><\/em><\/p>\n

In a 6-3 ruling<\/a> on Thursday, June 29, 2023, the U.S. Supreme Court struck down the use of race in college admissions<\/a> at Harvard and the University of North Carolina, outlawing the use of race in college admissions in general. The Conversation reached out to three legal scholars to explain what the decision means for students, colleges and universities, and ultimately the nation\u2019s future.<\/em><\/p>\n

Kimberly Robinson, Professor of Law at the University of Virginia<\/h2>\n

Writing for the majority in a case that bans affirmative action in college admissions<\/a>, Chief Justice John Roberts wrote that such programs \u201cunavoidably employ race in a negative manner\u201d that goes against the Constitution.<\/p>\n

The research, however, shows that the ban could potentially harm many college students and ultimately the United States. The reason this can be said with certainty is because in states where affirmative action has been banned, such as California and Michigan, many selective state colleges and universities have struggled<\/a> to maintain the student body diversity that existed before affirmative action was banned.<\/p>\n

Robust research shows how students who engage with students from different racial backgrounds experience<\/a> educational benefits<\/a>, such as cognitive growth and development and creating new ideas. For those reasons, a substantial decline in enrollment for underrepresented minority students carries many repercussions.<\/p>\n

It means, for instance, that many students at selective colleges will have far fewer opportunities to learn from and interact with students from different racial backgrounds.<\/p>\n

The nation\u2019s elite colleges, such as Harvard and the University of North Carolina, educate a disproportionately high share<\/a> of America\u2019s leaders. Those who don\u2019t attend these selective schools are dramatically less likely<\/a> to complete a graduate or professional program. This is because these selective schools carry certain advantages. For instance, students who attend them are statistically more likely to graduate and be admitted to professional and graduate programs.<\/p>\n

That means for students from underrepresented groups who don\u2019t get into selective colleges, the chances of getting an advanced degree \u2013 which often paves the way to leadership positions \u2013 will be even lower.<\/p>\n

The decision may also affect the workplace. Research shows that in states that eliminated affirmative action, meaningful drops in workplace diversity<\/a> took place. Asian and African American women and Hispanic men experienced the most significant declines.<\/p>\n

These shifts in elite college enrollment, leadership and workplaces will weaken long-standing efforts to dismantle the nation\u2019s segregationist past<\/a> and the privilege that this segregationist past affords to wealth<\/a> and whiteness<\/a>.<\/p>\n

To help mitigate these potential harms, selective colleges will have to devote their attention to limiting what I believe are the decision\u2019s harmful impacts and reaffirming their commitment to diverse student bodies through all lawful means<\/a>.<\/p>\n

Kristine Bowman, Professor of Law and Education Policy, Michigan State University<\/h2>\n
\"Protestors<\/a>
People protest outside of the Supreme Court in Washington, D.C., on June 29, 2023.<\/span>
\nAP Photo\/Jose Luis Magana<\/a><\/span><\/figcaption><\/figure>\n

In striking down race-conscious admissions practices, the Supreme Court overturns the court\u2019s 1978 decision<\/a> that held that race-conscious admissions were constitutional.<\/p>\n

This reversal was not unexpected, but it will have profound implications for building and maintaining diverse and inclusive colleges and universities, particularly among selective institutions. The most effective way to enroll a diverse student body<\/a> \u2013 and achieve the educational and social benefits that come with it \u2013 is to consider race as a factor in admissions. In the 10 states that have had affirmative action bans in admissions, diversity in selective institutions has declined<\/a>.
\nThis remained true even as alternative strategies were employed to achieve racial diversity, such as targeting recruitment efforts and focusing more on socioeconomic status diversity.<\/p>\n

Although the court does not say outright that institutions cannot pursue diversity, it is not clear what diversity-related goals, if any, could constitutionally support race-conscious admissions. The court states that the benefits of diversity that Harvard and UNC articulate are not sufficiently \u201cmeasurable,\u201d \u201cfocused,\u201d \u201cconcrete\u201d or \u201ccoherent.\u201d \u201cHow many fewer leaders Harvard would create without racial preferences, or how much poorer the education at Harvard would be, are inquiries no court could resolve,\u201d the court wrote.<\/p>\n

And yet, as Justice Sotomayor\u2019s dissent highlights, the majority also says that race-conscious admissions with a \u201cfocus on numbers\u201d or particular \u201cnumerical commitments\u201d are also unconstitutional.<\/p>\n

The opinion did not go as far as it could have in restricting the consideration of race. Institutions can still consider what a student\u2019s comments about their racialized experiences reveal about their characteristics, such as \u201ccourage,\u201d \u201cdetermination\u201d or \u201cleadership.\u201d<\/p>\n

This provides a way for institutions to consider how race has impacted a student\u2019s life. Although this unfairly places the burden on students of color to write about their racialized experience, it is arguably lighter than the burden that would have been borne if the court had attempted to prohibit consideration of such experiences.<\/p>\n

Furthermore, efforts to pursue diversity through other means remain lawful. These alternative means include increasing attention to socioeconomic status<\/a>, making campus communities more inclusive. It also involves checking whether students are passing classes and graduating at the same rate regardless of race.<\/p>\n

Research hasn\u2019t shown<\/a> that these efforts will result in as much diversity at selective colleges as race-conscious college admissions. These efforts, however, now stand as a critical way forward to keep America\u2019s elite colleges and universities diverse.<\/p>\n

Vinay Harpalani, Associate Professor of Law, University of New Mexico<\/h2>\n

Although the court struck down the use of race in college admissions \u2013 as predicted by many experts and observers \u2013 the court left room for one narrow exception.<\/p>\n

The majority opinion stated in a brief footnote that its ruling does not apply to race-conscious admissions at the nation\u2019s military academies, such as West Point or the Naval Academy.<\/p>\n

This issue had come up at oral arguments. When articulating the U.S. government\u2019s position, Solicitor General Elizabeth Prelogar raised the point that the military may have compelling interests beyond those that universities have. Specifically, the U.S. government argued that a racially diverse military officer corps was necessary for national security. In response, Chief Justice Roberts briefly noted the possibility of a military academy exception. This was not lost in his ruling.<\/p>\n

The majority opinion stated that there could be \u201cpotentially distinct interests that the military academies may present.\u201d Because the academies were not parties to these cases, the court did not directly address this issue and left it unsettled.<\/p>\n

This was not the first time that the military influenced the court\u2019s view of race-conscious admissions. Twenty years ago, national security interests played a significant role in the majority opinion in Grutter v. Bollinger<\/a>.<\/p>\n

Citing the amicus brief of former military leaders, Justice Sandra Day O\u2019Connor\u2019s majority opinion in the Grutter case noted that diverse military leadership was \u201cessential to the military\u2019s ability to fulfill its principle mission to provide national security.\u201d She found that \u201c[i]t requires only a small step from this analysis to conclude that our country\u2019s other most selective institutions must remain both diverse and selective.\u201d<\/p>\n

In its latest rulings, the court left alone O’Connor\u2019s claim that diverse military leadership is essential to national security, but it soundly rejected her view that diversity can justify race-conscious admissions at the nation\u2019s colleges and universities.<\/p>\n

The military is not the only place where the court has noted that security interests can justify use of race. The court also cited a 2005 ruling, Johnson v. California, where the justices held that prison officials could temporarily segregate prisoners by race to prevent violence.<\/p>\n

It seems that the court is willing to uphold use of race when government power is at stake \u2013 as with the military and law enforcement. But it will not do so for the education of America\u2019s citizenry.\"The<\/p>\n

Kristine Bowman<\/a>, Professor of Law and Education Policy, Michigan State University<\/a><\/em>; Kimberly Robinson<\/a>, Professor of Law, Professor of Law, Education and Public Policy, University of Virginia<\/a><\/em>, and Vinay Harpalani<\/a>, Associate Professor of Law and Henry Weihofen Professor, University of New Mexico<\/a><\/em><\/p>\n

This article is republished from The Conversation<\/a> under a Creative Commons license. Read the original article<\/a>.<\/p>\n

==============================================================
\nAlecto<\/span><\/strong>, Megaera<\/strong><\/span>, and Tisiphone<\/span><\/strong>, since this decision, I have been thinking about the Biblical “mark of Cain,” which southern white Protestants (and other whites) decided must mean black skin, and, because it came with a curse, they (whites) were justified in enslaving them (blacks.) All that this proves is that southern white Protestants (and other whites) could neither read nor think. Taking the “read” part first, the curse attached to Cain was not a curse on him and\/or his descendants. It was a curse on anyone not of his descent who would harm him or his descendants in any way, and it threatend them with seven times any evil they inflicted to be in turn inflicted on them. I wonder how the whites managed to miss that little point. But in addition to that, Seth, Adam and Eve’s third son, was the ancestor of Noah – which means that no descendant of Cain could possibly have survived the flood.<\/p>\n

My personal opinion is that, if (I say IF) there were such a thing as the mark of Cain and people living today who carried it, it would make a lot more sense for it to be “white” skin. We – or at least far too many of us – seem to have the murdering gene in our DNA. And we seem to get away with it way too easily, while at the same time society is inflicting seven-fold or more evil on people without white skin who just mildly annoy us.<\/p>\n

The Furies and I will be back.<\/p>\n","protected":false},"excerpt":{"rendered":"

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, […]<\/a><\/p>\n","protected":false},"author":8,"featured_media":50369,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[5194,5488,3915,3729,3752,3972,5489,5150],"class_list":["post-52287","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-affirmative-action","tag-colleges","tag-education","tag-furies","tag-pseudo-christians","tag-scotus","tag-universities","tag-us-military","category-5-id","post-seq-1","post-parity-odd","meta-position-corners","fix"],"_links":{"self":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts\/52287","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/comments?post=52287"}],"version-history":[{"count":0,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts\/52287\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/media\/50369"}],"wp:attachment":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/media?parent=52287"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/categories?post=52287"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/tags?post=52287"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}